My name is Thomas Eppinger and I am the President of the Uniformed EMS Officers Union.  I am joined today by Marianne Pizzitola, the Disability Pension and Benefits coordinator for the Union.  Our organization represents over four hundred Lieutenants and Captains that our front line leadership for FDNY EMS. Our members responded to the World Trade Center attack on 9/11 and did not leave until the last piece of steel was removed. Five years later my members are paying for their unselfish dedication and commitment.  Many of them are very ill and feel like they have been forgotten. 

            First, I want to thank again the leadership of Councilmember Addabbo, Speaker Quinn and the members of the City Council and the Civil Service & Labor Committee for holding this second hearing today.  This is a topic still is of vital importance to the members of my union. 

            Councilmember’s, my members still continue to suffer from the bureaucracy from every level of government beginning with the Fire Department, the New York City Law Department and ending at the NYC Employees Retirement System.  My members must navigate three (3) agencies to secure the benefits they so rightfully earned by responding to the 9/11 tragedy.

I thought the most productive use of my testimony today would concentrate on the following items:

• Mayors Task Force Report of WTC Health Issues
• NYC DOH & Mental Hygiene WTC Guidelines
• WTC Centers Distribution of Information

The Mayors Task Force of WTC Health Issues

            After meeting with the Mayors Task Force and presenting them with the issues that we have testified about previously at this committee, we were hoping for some solutions.  In the Mayor’s Report, “Addressing the Health Impact of 9/11 – Report and Recommendations to Mayor Michael Bloomberg,” the Task Force Panel describes the issues concerning Workers’ Compensation and pension as “unfortunate tensions” that will continue due to the following reasons: 

1. The NYC Department of Health and Mental Hygiene WTC Guidelines are contradictory to the pension bills that provide for “presumptions” of WTC causation and blames them for the “tension” by stating “this tension is an unfortunate by-product of the Presumption Bill, though generous to beneficiaries, makes categorical determinations that cannot yet, (and may not ever) be attributable to 9/11.” 

2.  That the City worker is obligated to prove that they are ill due to the World Trade Center Disaster and though generous to beneficiaries, makes categorical determinations that cannot yet, (and may not ever) be attributable to 9/11.”  and 2.That the City worker is obligated to prove that they are ill due to the World Trade Center Disaster and since the City has no proof of 9/11 causation, they state in this report that they are obligated to challenge a high number of these Compensation claims. 

Solution
      In regards to Workers’ Compensation, we strongly request that the NYC Law Department Workers’ Compensation Division be compelled to appear at these hearings.  Our union has sent FOIL requests to the Law Department Workers’ Compensation Division and the FDNY and both refused to send us statistical information stating that they did not tabulate claims by agency or if they were 9/11 related.  Yet, in the Mayors Task Force report, there are statistics relating the percentage of 9/11 claims denied and those of EMS.  If the Law Department Workers’ Compensation Division came here to answer for its actions, and why it ignores State Law, and limits symptomatic treatment to 1-2 visits per month, we may better learn which agency needs to compel this office to do the right thing and if we need to legislate the answer.

      In regards to pension matters, it is our suggestion that the City Council demand all the City Pension Boards follow the intent of the presumption bills and stop blaming the bills, but their own City Hall directive that prevents these workers from obtaining their well needed pension benefits.  The Mayors Report states that these Boards are using the NYCDOH & MH WTC Guidelines.  We believe City Hall compelled them to solely use this document to contradict the credible medical evidence provided by the workers own doctors and employing agencies to deny their pensions.  This to also comprises the issue that while the Police and Fire Department’s can find the Police Officers, Firefighters and EMS workers unfit for duty, their respective pension boards find them fit for duty and refuse to agree with the employing agency and deny their pensions.  NYC Department of Health and Mental Hygiene must update the WTC guidelines so the are a realistic accurate reflection of our illnesses. 

NYC Department of Health and Mental Hygiene WTC Guidelines
We find that the NYC Department of Health and Mental Hygiene WTC Guidelines are so vague that they serve to limit pensions and Workers’ Comp cases being from being awarded benefits they need and further prevents medical practitioners access from a true medical guideline to work from when evaluating those exposed to 9/11 toxic debris.  Our responders and volunteers are receiving diagnoses that fall well beyond the listings in this document.  The limited scope of these guidelines bind medical practitioners from identifying and treating 9/11 health related illnesses and according to this report is preventing pensions from being granted. 

      The guidelines simply mention GERD, depression, anxiety and PTSD, upper airway cough syndrome, (formerly termed post nasal drip), Asthma, reactive airway disease (RADS), and chronic cough.  Yet our members and thousands in other treatment centers are being diagnosed with many more life threatening illnesses. 

Solution
      The DOH guidelines need to be updated every 6 months, or at least once a year, to include increasing rates of diagnoses within the cluster of illnesses at least identified by the WTC Treatment Centers as possible 9/11 medical related illnesses to provide doctors with a full and accurate picture of the evolving framework.

WTC Treatment & Tracking Centers share and distribute information
And lastly, is the issue of WTC Treatment Center Communication.  Labor fought hard for a 9/11 Health Czar to help advocate for our needs and provide us with information.  Dr. Howard needs to be funded and be enabled to collect information from all the WTC centers as an information clearing house of sorts to provide those effected with what the science from these centers is identifying.  We should know that the centers have identified a high incidence of an illness or symptom and these should be updated in the NYC DOH& MH WTC Guidelines as well.  We have members that are in different treatment centers where their treatment or diagnostic testing is not consistent and we would like to see this change so our members are better informed.

Solution
     Provide funding to Dr. John Howard instead of hiring yet another Health Czar.  Dr. Howard in familiar with each center of excellence, Labor leaders and the issues each has.  He has a working knowledge of the problems Workers’ Compensation, has met with the State Comp Board and others to get a grasp of the bureaucracy we all have to go through to get benefits.  Dr. Howard would be able to coordinate information from each center and ensure that it is distributed to Labor and other Centers of Excellence so we all know what is being learned from tracking and treating our workers. 

On behalf of the members of the Uniformed EMS Officers Union, I cannot express enough my gratitude to you Councilman Addabbo, this Committee and City Council for your commitment to this issue.  Marianne and I are happy to answer any questions you may have at this time.